STF ministers hitchhike on FAB flights; Alexandre de Moraes leads the trips

At least 14 official flights of the Brazilian Air Force (FAB) took ministers of the Federal Supreme Court (STF) as “rides” in the first half of this year alone, according to a survey by the Power 360 released this Tuesday (8). The amount contrasts with that found throughout the government of former President Jair Bolsonaro (PL), of only 10 trips by magistrates between 2019 and 2022.

The most recent trip took place on June 30, just two hours after the Superior Electoral Court (TSE) made the former president ineligible. Alexandre de Moraes, President of the Court and Minister of the STF, together with Floriano Marques and André Ramos Tavares, shared a flight from Brasília to São Paulo requested by the Minister of Finance, Fernando Haddad, and the Ministry of Defense.

The use of shared flights is not illegal, as there is a presidential decree that regulates this type of sharing.

However, the practice has proved to be common mainly due to the hostilities that STF ministers have faced at airports by supporters of the former president. To avoid these situations, they have requested seats on FAB planes, especially from the Ministry of Defense.

A recent survey carried out by the Power 360 showed that hostilities against STF ministers have become common in recent years, with at least 74 records since 2017. Of these, 21 cases became lawsuits.

Asked about the coincidence of dates, the Ministry of Finance stated that “there is no legal impediment to shared trips between authorities of the Three Powers”. The STF and TSE did not comment on the flights.

Moraes became a frequent passenger on the flights

According to the survey, Minister Alexandre de Moraes was the one who most used FAB flights in the first half of this year: eight trips, seven of which departed from Brasília to São Paulo. In the middle of last month, the magistrate and his son were targets of attacks at the international airport in Rome, Italy. The investigation runs in secrecy in the Federal Police.

The investigation points out that Moraes shared most of the trips with minister Fernando Haddad, who resides in the capital of São Paulo. Of the eight rides, five were requested by him.

Moraes also made three trips as a companion to the Minister of Health, Nísia Trindade, and the Minister of Ports and Airports, Márcio França.

In addition to Moraes, ministers Ricardo Lewandowski, now retired, with four trips, and Gilmar Mendes, with two, also used FAB flights.

Mendes’ trips were a round trip from Brasilia to Rio de Janeiro as part of the entourage led by Jorge Messias, from the Advocacy-General of the Union (AGU), for the inauguration of Aloizio Mercadante as president of the National Bank for Economic and Social Development (BNDES).

Regulation of official flights

The prerogatives for the use of FAB flights by authorities, except the president, are defined by decree 10.267, of March 5, 2020. Main points include: who can request flights (ministers of state, the vice president and the presidents of the Senate, Chamber and STF), justification (travel must have work, security or medical reasons) and companions (entourage must be strictly connected with official commitments).

However, there are loopholes in the decree that allow greater freedom in inviting companions. Ministers can fill vacant seats and the Defense Minister can authorize the transport of other officials.

O Power360 identified 38 flights in the first semester “at the disposal of the Ministry of Defense”, which may have transported STF ministers. Therefore, the total number of shared trips may be higher than indicated in the survey, as the Ministry of Defense did not share accurate information.